76002.
(a) For purposes of receiving state apportionments, a community college district may include high school pupils who attend a community college within the community college district pursuant to Sections 48800 and 76001 in the community college district’s report of full-time equivalent students (FTES) only if those pupils are enrolled in community college classes that meet all of the following criteria:(1) The class is open to the general public.
(2) (A) The class is advertised as open to the general public in one or more of the following:
(i) The college catalog.
(ii) The regular schedule of classes.
(iii) An addenda to the college catalog or regular schedule of classes.
(B) If a decision to offer a class on a high school campus is made after the publication of the regular schedule of classes, and the class is solely advertised to the general public through electronic media, the class shall be so advertised for a minimum of 30 continuous days before the first meeting of the class.
(3) If the class is offered at a high school campus, the class shall not be held during the time the campus is closed to the general public, as defined by the governing board of the school district during
a regularly scheduled board meeting.
(4) If the class is a physical education class, no more than 10 percent of its enrollment may be comprised of special part-time or full-time students. A community college district shall not receive state apportionments for special part-time and full-time students enrolled in physical education courses in excess of 5 percent of the community college district’s total reported full-time equivalent enrollment of special part-time and full-time students.
(b) A student attending a middle college high school as described in Section 11300, or an early college high school as described in Section 11302, who is enrolled in a community college physical education course that is required for the student’s middle college or early college high school
program, shall not be considered a special part-time or full-time student for purposes of paragraph (4) of subdivision (a).
(c) The governing board of a community college district may restrict the admission or enrollment of a special part-time or full-time student during any session based on any of the following criteria:
(1) Age.
(2) Completion of a specified grade level.
(3) Demonstrated eligibility for instruction using assessment methods and procedures established pursuant to Chapter 2 (commencing with Section 78210) of Part 48 and regulations adopted by the Board of Governors of the California Community Colleges.
(d) (1) The Chancellor of the California Community Colleges shall prepare and submit to the Department of Finance and the Legislature, on or before March 1, 2004, and March 1 of each year thereafter, a report on both of the following: the
(A) The amount of FTES claimed by each community college district for special part-time and special full-time students for the preceding academic year in each of the following class categories:
(A)
(i) Noncredit.
(B)
(ii) Nondegree-applicable.
(C)
(iii) Degree-applicable, excluding physical education.
(D)
(iv) Degree-applicable physical education.
(B) The amount of FTES claimed by each community college district for students attending a middle college high school as described in Section 11300, or an early college high school as described in 11302 for the preceding academic year in degree-applicable physical education courses.
(2) The report prepared pursuant to paragraph (1) may include information required to be reported pursuant to paragraph (4) of subdivision (d) of Section 48800.
(3) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e) The Board of Governors of the California Community Colleges shall adopt rules and regulations to implement this section.
(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.